The court dismissed the criminal appeal as abated because the complainant, who was the appellant, was no longer alive, leaving no cause of action.
Appeal dismissed as abated.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
CRL.A.No.1153 OF 2006
AGAINST THE ORDER/JUDGMENT IN CC.NO.403/2003 DATED 09-03-2006 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT -I, PALAKKAD
Crl.L.P. 259/2006 DATED 29-05-2006 OF HIGH COURT OF KERALA
APPELLANT:
MASILAMANI, S/O. CHAMI MOOTHAN, 27/759(1), MELAMURI, PALAKKAD.
BY ADV. SRI.VINOD KUMAR.C
RESPONDENTS:
1 N.ABDUL MUTHALIF, S/O. NOOR MOHAMMED, BAITHNOOR, NEAR RANJIT MOTELS, ROBINSON ROAD, PALAKKAD, DOING BUSINESS AT M/S. GALARY KALYANAMANDAPAM, JAINIMEDU, PALAKKAD.
2 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.RAJESH SIVARAMANKUTTY R2 BY SMT. SYLAJA, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.No.1153 OF 2006
2
JUDGMENT
Dated this the 8th day of March 2021
When the case was taken up today, the learned counsel for
the 1st respondent submits that the 1st respondent is no more.
This is an appeal filed by the complainant in a case arising
under Section 138 of the Negotiable Instruments Act. As such,
there is no cause of action which survives.
The appeal is hence dismissed as abated.
Sd/-
T.R.RAVI
JUDGE
Sn
1 issue framed by the court
Whether a criminal appeal filed under Section 138 survives when the complainant has died.
1 provisions across 1 enactments
MASILAMANI
N.ABDUL MUTHALIF
STATE OF KERALA
T.R.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court